1. (a) On motion of executive director.

   1. (1) If the executive director determines to file a petition to amend a water right, notice of the determination stating the grounds therefore and a copy of a proposed amendment draft shall be personally served on or mailed by certified mail to the water right holder at the last address of record with the commission.
   2. (2) This notice shall be given at least 15 days before a petition is filed with the commission.

2. (b) Requiring mailed and published notice. Unless authorized by subsection (c) of this section, applications for amendments to permits, certified filings, or certificates of adjudication, including, but not limited to, those of the following nature, must comply with requirements for a water use permit, including the notice requirements in the Texas Water Code, §11.132, and this subchapter:

   1. (1) to change the place of use when other water users of state water may be affected;
   2. (2) to increase an appropriation and/or rate or period of diversion;
   3. (3) to change the purpose of when the change would authorize a greater consumption of state water or would materially alter the period of time when state water could be diverted;
   4. (4) to add points of diversion which would result in a greater rate of diversion or impair other water rights;
   5. (5) to remove or modify the requirements or conditions of a water right which were included for the protection of other water rights;
   6. (6) to change a point of diversion which may impair other water rights;
   7. (7) to relocate or enlarge a reservoir; or
   8. (8) to extend the period of duration of any term permit.

3. (c) Not requiring mailed and published notice.

   1. (1) Only an application to amend an existing permit, certified filing, or certificate of adjudication which does not contemplate an additional consumptive use of state water or an increased rate or period of diversion and which, in the judgment of the commission, has no potential for harming any other existing water right, is subject to amendment by the commission without notice other than that provided to the record holder. Once the technical review of an application is complete and the technical memoranda have been filed with the chief clerk of the commission, the commission shall consider whether additional notice is required based on the particular facts of the application.

   2. (2) Applications of the following descriptions may not require additional notice:

      1. (A) to cure ambiguities or ineffective provisions in a water right;
      2. (B) to reduce an appropriation or rate of diversion;
      3. (C) to change the place of use when there will be no increased use of state water and the change will not operate to the injury of any other lawful user of state water. If a water right is owned by more than one party, all other parties will be notified of the proposed changes by certified mail and given two weeks to protest. If no protest is received, further notice will not be required;
      4. (D) to change the point of diversion when the existing rate of diversion will not be increased and there are no interjacent water users of record between the originally authorized point of diversion and the new one, or when interjacent water users agree in writing to the amendment. If written agreements are not obtained, interjacent water users will be notified of the proposed change by certified mail and given two weeks within which to protest. If no protest is received, further notice will not be required;
      5. (E) to add additional points of diversion where the existing rate of diversion will not be increased and there are no water users of record between any originally authorized point of diversion and the new one to be added, or when interjacent water users agree in writing to the amendment. If written agreements are not obtained, interjacent water users will be notified of the proposed change by certified mail and given two weeks within which to protest. If no protest is received, further notice will not be required;
      6. (F) to increase the rate or period for diversion from a storage reservoir.

Source Note:The provisions of this §295.158 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective May 20, 1997, 22 TexReg 4250; amended to be effective December 31, 2009, 34 TexReg 9454.